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Man Incarcerated 14 Years After Conviction
By WCVB
Published: 03/05/2003


A 73-year-old man convicted 14 years ago of rape began serving his prison sentence on February 3. WCVB reported that James Kelly had avoided serving any time of his 10-year prison sentence for a crime that occurred 17 years ago. For years, Kelly had claimed various health problems, and his attorney again said in Worcester Superior Court that Kelly could not receive proper medical care in prison.
'We have someone who's very sick, who's dying, who needs treatment, who takes various medications every day, including some that I don't think will be made available to him through the Department of Corrections, and for that reason, he's not going anywhere,' attorney Nancy Dolberg said. 'He's not a security risk.'
A new push for Kelly to serve his sentence came after a news photographer took pictures of him doing yard work, smoking cigarettes and driving. Kelly came into court Monday in a wheelchair suffering, his attorney said, from cancer.
The victim, Debra Hagen, went public after the continuing delays. She hired a lawyer to pressure District Attorney John Conte to push for Kelly's incarceration. Legal arguments, missing trial transcripts and appeals delayed Kelly's confinement until Monday.
'For that, I want to apologize to the victim on behalf of the criminal justice system,' Conte said.
Hagen was not in court and has since moved to Florida. Her godparents, who were in court, said that she was relieved Kelly was finally behind bars.
'I just called my godchild,' said Tony Tedesco, Hagen's godfather. 'She's very happy that it's finally over. To have closure.'
In a phone conversation, Hagen said that she spent thousands of dollars traveling from Florida to Massachusetts over the years.


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